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JOHNSON v. ALGAZALI, 2:11-cv-02472 KJN. (2013)

Court: District Court, E.D. California Number: infdco20130819681 Visitors: 7
Filed: Aug. 16, 2013
Latest Update: Aug. 16, 2013
Summary: ORDER KENDALL J. NEWMAN, Magistrate Judge. On May 22, 2013, the parties informed the court that they had settled this case. 1 (ECF No. 31.) Thereafter, the undersigned ordered all dispositional documents to be filed by July 5, 2013. (ECF No. 32.) On July 3, 2013, however, plaintiff's counsel filed a request for an extension to file dispositional documents on or before August 2, 2013, "due to the fact that Plaintiff and Defendants are still in the process of finalizing a settlement agreement.
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ORDER

KENDALL J. NEWMAN, Magistrate Judge.

On May 22, 2013, the parties informed the court that they had settled this case.1 (ECF No. 31.) Thereafter, the undersigned ordered all dispositional documents to be filed by July 5, 2013. (ECF No. 32.)

On July 3, 2013, however, plaintiff's counsel filed a request for an extension to file dispositional documents on or before August 2, 2013, "due to the fact that Plaintiff and Defendants are still in the process of finalizing a settlement agreement." (ECF No. 33.)

Based upon counsel's representation (id.) and the fact that no similar request for an extension has previously been filed with respect to the parties' dispositional documents, the undersigned ordered the parties to file dispositional documents no later than August 2, 2013. (ECF No. 43.)

However, the deadline of August 2, 2013, has now passed. The parties have not filed their dispositional documents. The parties have not requested an extension of time to do so.

Accordingly, IT IS HEREBY ORDERED THAT:

Within fourteen (14) days of issuance of this order, the late dispositional documents shall be filed, and all counsel shall show cause in writing why monetary sanctions should not be imposed for the delay. Failure to timely comply with this order will result in sanctions. See Fed. R. Civ. P. 41(b); E.D. Cal. L.R. 110; see also Thompson v. Housing Auth. of City of L.A., 782 F.2d 829, 831 (9th Cir. 1986) (per curiam) (stating that district courts have inherent power to control their dockets and may impose sanctions including dismissal), cert. denied, 479 U.S. 829 (1986).

IT IS SO ORDERED.

FootNotes


1. This matter proceeds before the undersigned as a result of the parties' voluntary consent to the jurisdiction of the undersigned for all proceedings in this case, including trial and entry of final judgment, and an order entered December 6, 2011 (ECF No. 9). See 28 U.S.C. § 636(c)(1); Fed. R. Civ. P. 73; E.D. Cal. L.R. 301, 305.
Source:  Leagle

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